Guwahati Court March 2004 Judgments
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Sakina Begum Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-03-2004
B.K. Sharma, J. 1. The State carriage bus under registration No. AMZ 5824 belonging to the petitioner was requisitioned on 13.4.96 by the Superintendent of Police, Kamrup, Guwahati. While on requisition, the bus met with an accident on 14.4.96 and got completely damaged. The amount of compensation to be paid to the petitioner is the subject-matter of dispute and the claim made in this writ petition.2. As per the averments made in the writ petition the petitioner purchased the vehicle with the financial assistance of Rs. 1,68,171 on 18.11.84 and such financial assistance was only in respect of the engine and chassis which was bought at a cost of Rs. 1,99,400. The cost of body construction of the bus has been stated to be Rs. 92,000.3. The petitioner on receipt of the information regarding the accident of her bus made correspondences with the authorities claiming compensation. At one stage, the Superintendent of Police, Kamrup requested the Assistant Inspector General of Police (A), Ass...
Babulal Das Vs. State of Assam and anr.
Court: Guwahati
Decided on: Mar-03-2004
B.K. Sharma, J. 1. By this writ petition, the petitioner has made a challenge to the order dated 26.10.98 passed by the Chief Jusdicial Magistrage, Tinsukia removing him from service. Shortly stated the facts leading to the filing of the instant writ petition are as follows:2. The petitioner at the relevant point of time was serving as UD Assistant in the officer of the Chief Judicial Magistrate, Tinsukia. He was served with a show cause notice dated 16.11.92 under Rule 9 of the Assam Services (Discipline & Appeal) Rules, 1964 read with Article 311 of the Constitution of India asking him to show cause as to why any of the penalties specified in Rule 7 of the said Rules should not be imposed on him. Altogether 6 charges were levelled against him which are as follows :(1) That while you were serving as Bench Asstt. to the Chief Judicial Magistrate, Tinsukia from 29.5.91 till 31.8.92, you had kept concealed 237 Nos. of MV cases, 77 Nos. of C.R. cases Under Section 34 Police Act and 17 No...
Dharmeswar Baishya Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-03-2004
B.K. Sharma, J. 1. By this writ petition petitioner has made a challenge to an order dated 21.11.2002 by which his services as Sub-Inspector of Police, Border has been terminated with retrospective effect, i.e., from 24.5.02. The brief facts leading to the filing of the instant writ petition are as follows:2. The petitioner who is an ex-serviceman was selected by the Sainik Board for his appointment as S.I. of Police (B) under the Respondent. He was appointed on contract basis by an order of appointment dated 22.6.1992. Such appointment to the petitioner was under the scheme formulated by the Government of India in the Ministry of Home Affairs as contained in their letter dated 3rd June, 1987.3. Being aggrieved by certain terms and conditions of service the petitioner approached this court by filing the writ petition which was registered and numbered as C.R No. 1698/95. Another writ petition was filed making a similar grievance and the same was registered and numbered as CR No. 2065/9...
Mohit Chandra Saikia Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-03-2004
Ranjan Gogoi, J. 1. Heard Mr. M. Singh, learned counsel for the writ petitioner and Mr. T. C. Chutia, learned counsel appearing for the Board of Secondary Education, Assam,2. The writ petitioner joined service in the Gunaviram Baruah L. P. School, Nagaon as an Assistant Teacher in the year 1982. At the time of his entry into service, the date of birth of the petitioner was recorded as 1.1.1949. The aforesaid date of birth of the petitioner was recorded on the basis of his Matriculation Certificate. Contending that the date of his birth had been wrongly recorded in the Matriculation Certificate and further asserting that the correct date of birth, of the petitioner is 13.10.1955, the petitioner claims that he had filed an application before the Board on 1.3.1974 for necessary correction of the date of birth. According to the petitioner, the said application dated 1.3.1974 not having been responded to by the Board, another application to the same effect was filed by him on 4.4.1983. Bo...
Cachar Native Joint Stock Co. Ltd. Vs. Smt. Namita Gupta
Court: Guwahati
Decided on: Mar-02-2004
D. Biswas, J.1. These two appeals have been filed by M/s. Cachar Native Joint Stock Company Limited and others, hereinafter referred to as the Company. The Appeal No. 2 of 2000 has been filed against the order dated 4-4-2000 passed by the Company Law Board, New Delhi in Company Application No. 302 of 1999 arising out of Company Petition No. 8 of 1998 holding the election (EOGM) held on 29-11-1999 as invalid and further declaring the Respondent No. 1 and others as duly elected in the said EOGM. Consequently direction was also given calling upon the Board of Directors of the Company to hand over the Board to the respondents within 10 days from the date of receipt of this order. Immediately thereafter, the Board of Directors approached this Court and filed this appeal praying for stay of the operation of the order dated 4-4-2000. This Court while admitting the appeal by the order dated 5-5-2000 directed the parties to maintain status-quo.2. Company Appeal No. 2 of 2001 has been filed by ...
Mantasir Ali Laskar Vs. Commissioner and Secretary, Govt. of Assam and ...
Court: Guwahati
Decided on: Mar-02-2004
B.K. Sharma, J. 1. By this writ petition, the petitioner has prayed for a direction to the respondents not to disturb the services of the petitioner as Inspector of Police (U.B.), Traffic and to allow him to continue to his service till he attains the age of 58 years as on 30.6.2004. The claim of the petitioner is that according to the age recorded in his Matriculation Certificate, his date of birth is 1-7-1946 and on that basis he is entitled to continue in his service upto 30.6.2004. However, by the impugned W.T. message dated 26-6-2002, the intimation was sent to the effect that the petitioner and some others as mentioned in the W.T. message would retire from service w.e.f. 30.6.2002. It was at that stage, the writ petition was filed and this Court by an interim order dated 12-7-2002 issued an interim direction not to give effect to the said W.T. message dated 26-6-2002 with a further direction to allow the petitioner to continue in his service. The petitioner has been continuing i...
Dr. (Mrs.) Jesmine Begum Wife of Dr. Jahan Iqbal Ahmed Vs. State of As ...
Court: Guwahati
Decided on: Mar-01-2004
Ranjan Gogoi, J.1. Both the writ petitioner and the respondent No. 2 are Doctors by profession they were married on 11.5.89 under the provisions of the Special Marriage Act, 1954 and thereafter started living as husband and wife. The marital happiness of the parities however, was short lived as on 4.2.93 the respondent No.2 allegedly married one Smt. Banu Afia Rahman again under the provisions of the Special Marriage Act, 1954. The writ petitioner filed a complaint before the appropriate authority of the State contending that while solemnizing the second marriage, the respondent No.2 had made a false statement before the Marriage Officer that he was unmarried and further that the second marriage took place during the validity of the first marriage and as such the respondent No. 2 was guilty of a bigamous marriage which is contrary to the provision of the Rule 26 of the Assam Civil Service (Conduct) Rules, 1965 (hereinafter referred to as the Conduct Rules)2. Thereafter, on 10.10.94 a ...
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